Special investment contract: rules and order of imprisonment

Each state understands that the more powerful its economic basis of activity, the better. Governments of different countries contribute to the influx of investments into the state. After all, these investments enliven the economic life! The government of the Russian Federation decided to place a stake on such a tool as a special investment contract. What it is? How does it consist? What advantages does it give? These, as well as a number of other issues will be considered within the framework of the article.

general information

To begin with, let's see what the law is, which developed such a tool as a special investment contract. Resolution No. 708, as well as federal law No. 488-F3, or more precisely, its 16th article. What is it said about?

Article 16 provides that the conclusion of special investment contracts may be carried out between the investor (which is a legal entity or an individual) and the Russian Federation, its entity or municipal entity.

And what are the conditions here? The investor assumes the responsibility of creating or modernizing the production of certain industrial products in the territory under the control of the Russian Federation.

And what is unique about it?

What distinguishes a special investment contract from, say, public-private partnerships? The peculiarity here is that the authorities do not envisage the receipt of investments (financial means). And proceeding from this - the state does not receive a certain part of the property in the objects. The investor in this case can only apply for certain privileges in the form of customs and tax benefits, as well as preferential rights.

It should be noted that all prohibitions and restrictions that will be imposed after the conclusion of the contract will not extend to the object of its operation.

Establishing relationships

The procedure for concluding a special investment contract is prescribed in the previously mentioned Resolution No. 708. There is all the information about what actions the investor must do in order to establish relations with him in such a legislative field. Let's take a look at the main points.

So, a special investment contract can not be concluded for more than ten years. At the same time there are requirements to the volume of investment. So, they should be at least 750 million rubles. The procedure begins with the fact that the investor submits an application for the conclusion of such an agreement. In addition to it, the following documents should be attached:

1. Description of measures that are planned to stimulate the activities in the industry.
2. The list of obligations that the investor undertakes.
3. Description of the planned industrial project.
4. Confirmation of the opportunity to invest in the required amount.
5. Approximate number of jobs that will be created as part of the project.
6. Business plan.

Confirmatory and planning documents, which determine the features of modernization and planned activities in the field of environmental protection.

And what's next?

To determine the subject of the contract, the investor is required to choose what he will do: create or modernize enterprises, introduce the best possible technologies or work on the production of products, which have no analogues in the Russian Federation.

Also, a person who wants to act in this way should determine the specific expenses and guarantee certain results that must be achieved at the time of termination of the contract. A combination of activity options is also possible. When the investor starts to implement, he must regularly report on the results achieved by his company. All this is confirmed by documentation.

The state undertakes, on its part, to create favorable conditions for the investor's enterprises to work successfully and not to worsen the situation during the term of the special contract.

Sample form

The rules for concluding special investment contracts provide for the completion of this document. The standard form of a special investment contract contains rights and obligations, as well as possible actions that can be taken if obligations are violated.

If this happened on the part of the person that invests, the state can refuse to fulfill its part and cancel the contract. If the investor refuses to continue the activity, it is also possible to demand from him the reimbursement of the benefits that were provided during the execution of the concluded agreements. Also, the state relieves itself of obligations in the event of occurrence of certain circumstances of force majeure.

In the event that the investor does everything well, and the violation is from the part of the Russian Federation, its subject or the municipal entity, then it has the right or the right to adjust the contract so that it meets the reality, or refuse it. The second case is not as bad as it might seem. After all, if a contract is refused, the investor has the right to demand damages. In addition, he can rely on the payment of conventional fines. Their amount is thus limited by the amount of expenses that were made by the investor.

Conclusion

The policy pursued, of which special investment contracts are part, was launched in 2002. It is aimed at the formation of industrial capacities in the territory of the Russian Federation. Directly the special investment contracts themselves began to be developed in 2012, and in 2014 they were already approved. And everyone who has enough for the activity amount, can take advantage of the benefits that they offer.

It should be noted that the idea itself is pretty good. But while talking about the success of implementation is not necessary. To be able to fully appreciate the effectiveness of the steps taken, few years. Years and decades will pass before the picture of the expediency of using such a tool becomes clear.